Israel Trademark Applications 19740 and 19741 relate to Filtron (text and graphic logo) for filters. During prosecution, Israel Trademark 164042 and 164043 for Filtran, also for filters.
The trademark examiner rejected the new applications as being confusingly similar to the previously registered marks, and the applicant appealed, pointing out that there were differences and that in the UK, apparently both marks are registered. Commenting that she wasn’t able to establish whether there had been equitable behavior or not, Judicial Review Officer, Yaara Shoshani Caspi went on to rule that this was irrelevant as the marks were similar enough to confuse the public and refused to allow their registration.
Comment
I think decision is correct and we are pleased that she has ignored the “XO” decision by Deputy Commissioner Shalev Shmulovits who decided that where there is no issue of equitable behavior, there is no problem for two nearly identicval products (i.e. energy drinks) to share the same name see http://blog.ipfactor.co.il/2009/05/06/israel-patent-office-allows-two-companies-to-register-same-trademark/
Clearly, Filtron and Filtran are problematic in that they are almost generic. This may explain their co-existence abroad. Still if clients choose inherently distinctive marks, there would be little for trademark attorneys to do! We are pleased that the trademark office is filtering out these confusingly similar marks.
